HomeMy WebLinkAbout7734RESOLUTION NO. 7734
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE
WORCESTER REGIONAL TRANSIT AUTHORITY
FOR THE PROCUREMENT OF THREE (3) 35-
FOOT TRANSIT COACHES, AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE
THE SAME AND RESCINDING RESOLUTION NO.
7515.
WHEREAS, the Worcester, Massachusetts Regional Transit Authority has recently
awarded a contract to the Nova Bus Corporation to manufacture fifty (50) 35 -foot accessible
transit coaches; and
WHEREAS, the Worcester Regional Transit Authority has a procurement option to
procure thirteen (13) additional transit coaches; and
WHEREAS, the Worcester Regional Transit Authority will exercise its transit coach
procurement option under the Nova Bus Corporation contract for the purchase or three (3)
35 -foot transit coaches for and on behalf of the City of Pueblo and assign to the City all its
rights under the Nova Bus Contract; and
WHEREAS, the contract with Neoplan Corporation approved by Resolution No. 7515
has been mutually terminated: and
WHEREAS, a capital grant under Section 9 (80% of purchase price) of the Federal
Transit Administration Act, as amended, (CO -90 -X071) has been approved to aid in the
purchase of said three (3) accessible transit coaches; and
WHEREAS, the City of Pueblo has agreed to match these funds (20% of purchase
price) with local funds; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo and Worcester Regional Transit
Authority with respect to the acquisition of three (3) 35 -foot transit coaches, a copy of
which is attached hereto, having been approved by the City Attorney as to form, is hereby
approved.
SECTION 2.
The President of City Council is hereby authorized to execute said Agreement on
behalf of the City of Pueblo, a municipal corporation, and the City Clerk shall affix the seal
of the City thereto and attest the same.
SECTION 3.
The City shall negotiate and contract directly with the Nova Bus Corporation for the
purchase of the three (3) transit coaches pursuant to the Worcester Regional Transit
Authority's exercised procurement option not to exceed a total amount of $719,895 for the
three transit coaches ($239,965 per coach). Funds are available for the local match
($143,979) in account 013 - 0400 - 440 - 000 - 050- 00200.
SECTION 4.
Resolution No. 7515 is hereby rescinded and the Termination Agreement dated
August 22, 1995 between the City and Neoplan USA Corporation is hereby approved,
confirmed and ratified.
INTRODUCED: October 23 , 1995
By John Califano
Councilperson
APPROVED:
President of City Council
ATTEST:
AGREEMENT
October
THIS AGREEMENT entered into as of the 23rd day of RqumzbDr, 1995 by and between
the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City")
and Worcester Regional Transit Authority a body politic and political subdivision of the
commonwealth of Massachusetts with the useful place of business, 287 Grove Street, Worcester, MA
01605 (the "WRTA "); WITNESSETH:
WHEREAS, City and WRTA desire that an unexercised transit coach procurement option
under WRTA's contract with Nova Bus Corporation, P.O. Box 5670, Roswell, New Mexico, 88202
(the "Nova Bus Contract ") be exercised for the use and benefit of City; and
WHEREAS, the WRTA exercised as an option on the Boston - Massachusetts Bay
Transportation Authority (MBTA), procurement process with respect to the Nova Bus Contract
complied with all Federal Transit Administration (the "FTA ") third party contracting procedures; and
WHEREAS, the City under the U.S. Department of Transportation FTA Section 9 Capital
Grant No. CO -90 -X071 has sufficient funds for the procurement of three transit coaches;
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and WRTA agree as follows:
1. WRTA will exercise its transit coach procurement option under the Nova Bus
Contract for the purchase of three (3) 35' x 102" advanced bus design, heavy -duty transit coaches
(the "Transit Coaches ") for and on behalf of the City and assign to the City all its rights under the
Nova Bus Contract sales order and contract for the purchase of the three (3) Transit Coaches.
2. City will negotiate and contract directly with the Nova Bus Corporation for the
purchase of the three Transit Coaches, pursuant to WRTA's exercised procurement option, which
contract will include without limitation, (i) direct invoice and payment by the City upon delivery of
the Transit Coaches, (ii) terms and conditions of the purchase and change orders, if any, (iii)
specifications for the three Transit Coaches, and (iv) warranties.
3. City will indemnify and hold WRTA harmless from and against all claims made by
Nova Bus Corporation with respect to the purchase of three Transit Coaches by the City from Nova
Bus Corporation pursuant to this Agreement.
Signed the day and year first above written.
PUEBLO, A MUNICIPAL CORPORATION
By
President of the City Council
WORCESTER REGIONAL
SIT AUTHORITY
B�v
Administrator - Bob Ojala
TERMINATION AGREEMENT
THIS TERMINATION AGREEMENT entered into as of the 22nd day of August, 1995
between Pueblo, a municipal corporation, (the "City ") and Neoplan USA Corporation (the
"Neoplan "), WITNESSETH:
WHEREAS, City awarded a contract to Neoplan (the "Contract ") for the purchase of three
(3) AN 435 transit coaches (the "Transit Coaches ") pursuant to request for proposals and
specifications (the "Contract Documents "), and
WHEREAS, the Contract Documents and specifically Section 3.7.6.2, Loading System,
requires that the Transit Coaches have rear door wheelchair lift systems meeting the testing
requirements of the Federal Transit Administration, and v
WHEREAS, Neoplan does not desire to provide Transit Coaches with such rear door
wheelchair lift systems, and
WHEREAS, it is in the best interests of City and Neoplan to terminate the Contract and City
and Neoplan are willing to terminate the Contract.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Neoplan agree as follows:
1. The Contract is terminated effective August 22, 1995 pursuant to Section 2.1.4.2
Termination For Convenience.
2. City and Neoplan hereby release each other from all liability and obligations under
the Contract and waive any and all claims either parry now has or may in the future have against the
other party resulting from or in any manner arising out of the proposals for and /or Contract with
respect to the Transit Coaches, or termination thereof, including without limitation, any and all
claims Neoplan may have or may assert under Section 2.1.4.2 of the Contract and any and all clasps
City may have or may assert under Sections 2.1.2 or 2.1.4.1 of the Contract.
Signed as of the day and year first above written.
PUEBLO, A MUNICIPAL CORPORATION
By
Director of Transportation